McAbee v. U.S., 4:18-CV-04075-KES. (2018)
Court: District Court, D. South Dakota
Number: infdco20180727f26
Visitors: 6
Filed: Jul. 26, 2018
Latest Update: Jul. 26, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING MOTION KAREN E. SCHREIER , District Judge . Petitioner, Terrance Paul McAbee, filed a motion under 28 U.S.C. 2255 to vacate, set aside, or correct sentence by a person in federal custody. Docket 1. The court referred the motion to Magistrate Judge Veronica Duffy. On July 3, 2018, Magistrate Judge Duffy submitted a report and recommended that McAbee's petition be dismissed or transferred to the Eighth Circuit Court of Appeals. Docket
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING MOTION KAREN E. SCHREIER , District Judge . Petitioner, Terrance Paul McAbee, filed a motion under 28 U.S.C. 2255 to vacate, set aside, or correct sentence by a person in federal custody. Docket 1. The court referred the motion to Magistrate Judge Veronica Duffy. On July 3, 2018, Magistrate Judge Duffy submitted a report and recommended that McAbee's petition be dismissed or transferred to the Eighth Circuit Court of Appeals. Docket 6..
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ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING MOTION
KAREN E. SCHREIER, District Judge.
Petitioner, Terrance Paul McAbee, filed a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence by a person in federal custody. Docket 1. The court referred the motion to Magistrate Judge Veronica Duffy. On July 3, 2018, Magistrate Judge Duffy submitted a report and recommended that McAbee's petition be dismissed or transferred to the Eighth Circuit Court of Appeals. Docket 6. The time for objections has passed and no objections to the report and recommendation have been filed under 28 U.S.C. § 2254, Rule 8(b)(3). The court has considered the case de novo and adopts the report and recommendation in full. Thus, it is
ORDERED that the magistrate judge's report and recommendation (Docket 6) is adopted in full and McAbee's motion under 28 U.S.C. § 2255 (Docket 1) is dismissed without prejudice, pending permission by the Eighth Circuit Court of Appeals to file a second or successive § 2255 petition.
Source: Leagle
